Summary On 17 September 1997 at approximately 0830 EDT in fine weather whilst under charter, with a crew of two and carrying 26 passengers, the MACDONALD'SIII came in contact with a semi-submerged concrete pillar which pierced the hull. The vessel became hung up and listed. The passengers and crew were rescued by other nearby small boats. Eight passengers were slightly injured in the accident. There was no pollution. Ce rapport est galement disponible en franais. Other Factual Information The vessel was built to the Cape Island closed boat design and had also been used as a local inshore ferry. Life saving appliances consisted of 48 adult and 8 child life jackets in an unmarked heavy wooden box on the centre line in the well deck. The box was not secured to the deck. There were four life buoys, two of which were mounted on each side of the wheel-house. There were also three inflatable life rafts capable of accommodating 45 persons, stowed on top of the wheel-house. The vessel was certified by Transport Canada Marine Safety (TCMS) on 27 May 1997. The certificate was valid until 30 September 1997, for voyages in Charlottetown Harbour and approaches, in fine weather, not more than five miles from shore. The certificate stipulated that the vessel could carry a maximum of 40 passengers, with a crew of three including the skipper. Following a Canadian Coast Guard examination, which was related to a vessel the size of the MACDONALD'SIII and to her trading limits, the skipper was issued the requisite Certificate of Competency. He had spent most of his adult life on boats in and around Charlottetown Harbour. The skipper who had the conduct of the vessel on this occasion also had the conduct of the vessel on 16 September 1995 when the vessel grounded in Charlottetown Harbour. On 17 September 1997 at about 0820 (1), 26 passengers boarded the MACDONALD'SIII at the Terminal Wharf, Charlottetown. The vessel had been chartered for a cruise in Charlottetown Harbour, primarily to watch seals. At approximately 0830, the MACDONALD'SIII came in contact with a semi-submerged concrete pillar which pierced the hull. At the time of the striking, a flood tide was running at an estimated rate of two to three knots and was setting the vessel towards the pillar. Immediately prior to the striking, the skipper was seen to have left the control position to go aft to point out seals to the passengers. The vessel became hung up and developed a list. As the list developed, the box containing the life jackets reportedly slid to the low side of the well-deck, trapping some passengers and causing abrasions and bruising to their legs. The skipper broadcast a MAYDAY message on a very high frequency (VHF) radio, which was responded to by Canadian Coast Guard (CCG) vessels. Independently, workmen from a nearby bridge construction team used their small boats to ferry the passengers from the MACDONALD'SIII to a larger CCG vessel. The tour guide assisted the other passengers into life jackets, reassured them and assisted in the evacuation and disembarkment. The passengers were subsequently taken ashore. Eight passengers reported minor injuries - bruises, cuts and back pains. One passenger later visited a local hospital where bruised ligaments were diagnosed. The concrete pillar which was struck by the MACDONALD'SIII is one of several old railway bridge supports. The bridge has been removed but the supports remain. Two supports have day markers which indicate the navigable channel, approximately 183m wide, near the road bridge (see chartlet). The pillar is of rectangular form measuring approximately 0.9m by 0.6m in plan view. It is surmounted by a square steel marker, painted green, mounted on a steel bar approximately 1.5 m above the top of the pillar. At the time of the striking, the top of the pillar was approximately 15cm above the water. On the other side of the navigable channel, a red triangle is similarly mounted on another concrete pillar. Safety Precautions and Instructions to the Passengers Reportedly, safety instructions were given to the passengers after boarding. These instructions included announcing the location of, and how to don, life jackets and the position of the inflatable life rafts stowed on top of the wheel-house. Such a safety announcement had been discussed with the owner/operator of the MACDONALD'SIII subsequent to a fatality resulting from a man overboard incident on 16 August 1997 (TSB Report No. M97M0094) in Charlottetown Harbour. One of the findings of the investigation into the grounding of 16 September 1995 (TSB Report No. M95M0092) was that the skipper had been distracted immediately prior to the grounding. Consequently, TSB Marine Safety Advisory No. 05/95 was forwarded to Transport Canada (TC) indicating the unsafe conditions associated with the operator being distracted by the activities and presence of passengers in the wheel-house. TC believed that the presence of others in the wheel-house had not contributed to the accident. As a precautionary measure, however, TC undertook to advise the owners of tour vessels that they should ensure that operators were not distracted by passengers. On 16 September 1995 in a period of fine weather and good visibility, the MACDONALD'SIII sustained what at first appeared to be minor damage following a grounding in Charlottetown Harbour. However, a survey made subsequently by an underwriters surveyor deemed the vessel to be a constructive total loss. The owners repaired the vessel and put her back into service under the command of the same skipper. Following these repairs, TCMS issued another Safety Inspection Certificate (SIC 16). The certificate permitted the vessel to carry up to 40 passengers. Following the occurrence of 17 September 1997, the vessel was examined in a damaged and unrepaired condition ashore. It was supported on wooden blocks at the Terminal Wharf, Charlottetown. The main engine, together with its principal service, piping and control systems had been removed previously for preservation purposes. The inspections were specifically focussed on the structural damage incurred as a result of the striking, stranding and subsequent recovery, as well as the general condition of the 30-year-old wooden hull. The MACDONALD'SIII was found to be in a poor structural condition. Detailed examination of the vessel indicated that the non watertight condition of the transverse bulkheads and the unsatisfactory condition of the hull represented a potential and unacceptable safety hazard. It was apparent that the hull had been in an unsatisfactory condition for some time before the latest damage was incurred. At the time of the striking, the vessel was in an unseaworthy condition.